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HomeMy WebLinkAboutResolution - 5034 - Interlocal Agreement - Lubbock County - Sewage Facilities Inspection - 11/16/1995Resolution No. 5034 November 16, 1995 Item #20 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Sewage Facilities Inspection Agreement, attached herewith, by and between the City of Lubbock and the Commissioners' Court of Lubbock County, Texas, and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this _ 16th day of _ November , 1995. ATTEST: betty . Johnso City Secretary APPROVED AS TO CONTENT: ` _._..--------- tf3 Doug G an, Director of Health & Community Services APPROVED AS TO FORM: aldGVandiver, First Assistant City Attorney DGV Aalccdocsla-sewage. res August 15, 1995 Resolution No. 5034 November 16, 1995 Item 420 SEWAGE FACILITIES INSPECTION AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: CITY OF LUBBOCK This Interlocal Agreement entered into between Lubbock County, acting by and through its duly authorized County Judge, hereinafter called "County", and the City of Lubbock, acting by and through its duly authorized Mayor, hereinafter called, "City". WITNESSETH. WHEREAS, the County Commissioners' Court of Lubbock County, Texas, has by adoption of On -Site Waste Disposal Order No. 152, as amended, passed May 14, 1990, determined that a need exists to regulate private sewage facilities in the areas of Lubbock County outside the city limits of the City of Lubbock; and WHEREAS, the County has requested the City to assume the duties of the County as licensing authority as set forth in On -Site Waste Disposal Order No. 152, as amended, a copy of which order and amendments is attached hereto as Exhibit A and made a part hereof by reference; and WHEREAS, the City of Lubbock agrees to furnish the services of the City Health Department sanitarians for such purpose on the terms and conditions stated below: 1. The City agrees that inspectors from the City Health Department shall be furnished for the purpose of making sewage inspections and related services, including the Veterans Administration and Federal Housing Administration required inspections for water and sewage disposal systems for loan purposes, in the County outside the city limits of the City of Lubbock. 2. The City in providing this service shall pay all necessary expenses of the personnel involved in this service, including salaries, administration expense, fringe benefits, transportation vehicles, and the maintenance and operation of transportation vehicles. 3. The City shall retain any fees generated by the services stated herein. 4. The County hereby agrees and obligates itself to pay to the City for these services monthly installments of 54,245.00. This monthly fee shall be payable by the County to the City on the 15th day of each month. A detailed cost estimate is attached hereto as Exhibit B. 5. The term of this Agreement shall be from October 1, 1995, through September 30, 1998. 6. This Agreement may be amended, including the amount for fees provided hereinabove, or terminated by either party upon 30 days Written notice to the other party. Executed this 16th day of November f 1995. COMMISSIONERS' COURT OF LUBBOCK COUNTY, TEXAS: DON MCBEATH, COUNTY JUDGE ATTEST: Ann Davidson, County Clerk APPROVED AS TO FORM: �'y-tiic_�_. Assistant District Attorney DGV:da cityatt\a-sewage. (hoc August 15, 1995 ATTEST: Betty M. Jo son, City Secretary APPROVED AS TO CONTENT: Doug Goan, Director of Health & ommunity Services APPROVED AS TO FORM: City Attorney SEWAGE FACILITIES INSPECTION AGREEMENT LUBBOCK COUNTY Page 2 EXHIBIT A IN TUE MA77M OF TUE APPLIC& ION OF 6 LUBBOCK COMM, TES AGM DESIGNATION ORDER NO. 052 Resolution No. 5034 November 16, 1995 Item #20 1 .I. , V The undersigned Commissioner of Health, having revieved and considered On -Site Waste Lisposal Order No. 152 adopted by the Commissioners' Court of LUB13OCK County, Texas, on the 14TH day of May 1990, and having found said Order to be in compliance with the requirements of Chapter 366, Texas Health and Safety Code (formerly Article 4477-7e, Vernon's Texts Civil Statutes) and the rules of the Texas Department of Health adapted thereunder, SAID ORDER IS HEREBY APPROVEff, and LUBBOCK County, Texas, is hereby designated Authorized Agent of the Texas Department of Health to'; regulate On -Site Sewage Disposal Systems in those areas to vhich said Order is applicable, AND IT IS SO ORDERED. Done at Austin, Travis County, Texas, on the c;Z3-�m (11 day of August 1990. . / xotiert Bernstein, t9.D., F.A.C.P. j Commissioner of Health �. ORDER ADOPTING RULES OF LUBBOCK COUNTY ON-SITE SEWERAGE FACILITIES WHEREAS, the Texas Department of Health and the Texas Board of Health have established construction standards for cn-site sewerage facilities to provide the citizens of this state with adequate public health protection and a minimum of environmental pollution; and WHEREAS, the Legislature has enacted legislation, codified as Chapter 3G6, Health and Safety Code which authorizes any local governmental entity to petition the Texas Department of Health for authorization to promulgate rules to abate or prevent pollution, or injury to public health arising out of the use of on-site sewerage facilities; and WHEREAS, pursuant to policies of the Texas Board of Health and Chapter 366, Health and Safety Code due notice was given of a meeting and public hearing to determine whether the Commissioners' Court of Lubbock County should enter an order, resolution, or rule controlling or prohibiting the installation or use of on-site sewerage facilities in the area of jurisdiction of Lubbock County; and WHEREAS, said meeting and public hearing were held in accordance with the notice thereof, and the evidence and arguments there presented were considered by the Commissioners' Court of Lubbock County, Texas; and WHEREAS, the Commissioners' Court of Lubbock County] finds that the use of private sewage facilities in Lubbock County is causing or may cause pollution, and is injuring or ray injure the public health; and WHEREAS, the Commissioners' Court of Lubbock County has considered the matter and deems it appropriate to adopt Rules regulating private sewage facilities to abate or prevent pollution; or injury to public health in the jurisdiction of Lubbock County, i NOW, THEREFORE, BE IT ORDERED, ADJUDGED, DECREED, RESOLVED, FOUND AND DETERMINED BY THE COMMISSIONERS' COURT OF LUBBOCK COUNTY, SITTING AS THE GOVERNING BODY OF LUBBOCK COUNTY, that: (l) The matters and facts recited in the preamble hereof are hereby found and determined to be true and correct; (2) The use of on-site sewerage facilities in Lubbock County is causing or may cause pollution or is injuring or may injure the public health; (3) The Comm,.ssioners' Court of Lubbock County, as the authorized agent for regulation of on-site sewerage disposal systems in Lubbock County, hereby designG_es the Public Health Administrator of the Lubbock City Health department and his representatives as the designated representative for Lubbock County and thus give them the necessary powers to administer and enforce these Rules. (4) The Rules attached and appended hereto, entitled, "Rules of Lubbock County, for On -Site Sewerage Facilities" are adopted and all officials and employees of Lubbock county and the Lubbock City Health Department having duties under said Rules are authorized to perform such duties as required of them under said rules; (5) The Commissioners' Court of Lubbock County, Texas, within five (5) days after the entry of this Order, shall obtain a certified copy of this Order and said Rules and submit both to the Texas Department of Health for their written approval thereof; (6) The Rules attached and appended hereto are incorporated herein as though fully set forth in writing in this order. 1900. SIGNED this the day of �a ru-.•I���J , Lubbock County Judge RULES OF LUBBOCK COUNTY FOR ON-SITE SEWERAGE FACILITIES CHAPTER 1. DEFINITIONS CHAPTER 2. ESTABLISHMENT AND GENERAL PROVISIONS §2.01 Authority §2.02 Purpose §2.03 Area of Jurisdiction §2.04 Effective Date §2.05 Incorporation by Reference §2.06 Construction, Precedence and Interpretation §2.07 Severability CHAPTER 3. ADMINISTRATIVE PROVISIONS §3.01 Exception §3.02 Appeal §3.03 Notice §3.04 Fees CHAPTER 4. DUTIES AND POWERS §4.01 Duties and Powers CHAPTER 5. LAWFUL DISCHARGES AND REQUIREMENTS §5.01 Lawful Discharges §5.02 Requirements CHAPTER 6. DEVELOPMENT OF ORGANIZED DISPOSAL SYSTEMS §6.01 Connection to Organized Disposal Systems CHAPTER 7. CONSTRUCTION AND OPERATION REQUIREMENTS §7.01 Requirements for On -Site Sewerage Facilities §7.02 Permit to Construct §7.03 License to Operate §7.04 Existing On -Site Sewerage Facilities §7.05 Special Requirements for Institutions CHAPTER 8. SUBDIVISIONS §8.01 Subdivision Construction Authorization §8.02 Application §8.03 Notice CHAPTER 9. ENFORCEMENT §9.01 Informal §9.02 Criminal §9.03 Civil CHAPTER 1 DEFINITIONS The following words and terms, when used in these Rules, shall have the following meanings, unless the context clearly indicates otherwise: 1. "Absorption Unit" -- Any subsurface system that primarily relies on soil absorption in an absorption trench or absorption bed to dispose of the effluent from a wastewater treatment unit. 2. "Authorization" - A Subdivision construction Authorization as required in Chapter 8 of these Rules. 3. "Governing Body" - The elected officials of any political subdivision of the State of Texas including utility districts, counties and river authorities. 4. "Evapotranspiration Unit" - A subsurface sewage disposal facility which relies on soil capillarity and plant uptake to dispose of treated effluent through surface evaporation and plant transpiration. 5. "Existing On -Site sewerage Facilities" - Any on-site sewerage facility that was in use on the effective date of these Rules. Such a facility shall be an existing on-site sewerage facility as long as that facility is not causing pollution, a threat to the public, or nuisance conditions; or is not substantially modified after the effective date of these Rules. Any on-site sewerage facility that has been actually used at any time during the twelve (12) month period immediately preceding the effective date of these Rules, shall be conclusively presumed to have been in use on the effective date of the Rules. 6. "Designated Representative" - Any person(s), group or department authorized by the governing body of a political subdivision and approved by the Texas Department of Health for the administration of these rules within the adopting entity's jurisdiction. 7. "Institution" - Any establishment other than a single family residence. S. "License" - A License to Operate as required by Chapter 7 of these Rules. 9. "Mobile Home Park" - Any facility or area developed for the lease or rental of two or more mobile homes. 10. "New On -Site Sewerage Facility" - Any on-site sewerage facility that does not qualify as an existing private sewage facility. 11. "Nuisance" - Any activity or condition that is or tends to be injurious to or adversely affects human health or welfare, animal life, vegetation, or property; or interferes with the normal use and enjoyment of animal life, vegetation or property. 12. "Organized Disposal System" - Any publicly or privately owned system for the collection, treatment, and disposal of sewage that is operated in accordance with the terms and conditions of a valid waste discharge permit issued by the Texas Water Commission. 13. "Permit" - A Permit to Construct as required by Chapter 7 of these Rules. 14. "Person" - Any individual, corporation, organization, government or governmental subdivision or agency, business, trust, estate, partnership and any other legal entity or association, including but not limited to, owners, developers, installers, operators, or any other person responsible for the construction, installation, or operation, of a private sewage facility. 15. "Pollution" - The alteration of the physical, thermal, chemical, or biological quality of, or the contamination of any water in the State that renders the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property or to the public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 16. "On -Site Sewerage Facility" (OSSF) - All systems and methods used for the disposal of sewage, other than organized disposal systems. on-site sewerage facilities are usually composed of three units; the generating unit (the residence, the institution, etc.), the treatment unit (septic tank, etc.), and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapotranspiration bed). 17. "Proposed individual or Public Water Supply Wells or Systems, or Proposed Organized Disposal Systems" - Any such well or system for which the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for the construction of such well or system that will be completed within a reasonable time. 18. "Sewage" - Waterborne wastes that are primarily organic and biodegradable or decomposable and that generally originate as human, animal, or plant wastes from domestic activities, such as washing, bathing, and food preparation, and certain retail or commercial activities. 19. "Single Family Residence", "Single Family Dwelling" - A habitat structure constructed on, or brought to its site, and occupied by one or more persons. 20. "Special.Hearing Examiner" -- An officer appointed by the Commissioners Court to hear appeals of decisions or actions by the designated representative. 21. "Standards" - The standards set forth in the pamphlet entitled "Construction Standards for On -Site sewerage Facilities " and all future amendments thereto, which were adopted by the Texas Board of Health, pursuant to Chapter 366, Health and Safety Code of the Texas Revised Civil Statutes Annotated, as Texas Department of Health Rules 25 TAC 301.11 - 301.17 and which were originally published 12 Texas Register 2226. 22. "State" - The State of Texas. 23. "Subdivision" - A subdivision that has been platted and recorded with the County Clerk or that is required by statute to be so platted and recorded; or any four (4) or more adjoining lots or tracts, any one of which is less than two (2) acres in size; or a mobile home park. 24. "Substantial Modification" - An increase in the size or use of an on-site sewerage facility's generating unit (residence or institution) that, bF.3ed on the considerations in the Standards, could be expected to result in an increase of 25 percent or more in the average daily volume of sewage generated by that unit; or an action that, based on the considerations in the Standards, could be expected to reslt in an increase or decrease in the capacity of a private sewage facility's treatment unit (septic tank) or disposal unit (drainfiel.d) by 25 percent or more. 25. "Water" or "Water in the State" - Groundwater, percolating or otherwise, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Gulf of Mexico, inside the territorial limits of the State, and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, navigable or non -navigable, and including the beds and banks of all watercourses and bodies of surface water, that are wholly or partially inside or bordering the State or inside the jurisdiction of the State. CHAPTER 2 ES'T'ABLISHMENT AND GENERAL PROVISIONS §2.01 AUTHORITY. These Rules are adopted by the Commissioners' Court of Lubbock County. Lubbock County adopts these Rules under the authority of Vernon's Annotated Civil Statutes, Texas Health and Safety Code, Chapter 366. §2.02 PURPOSE. The purpose of these Rules is to abate or prevent pollution or in3ury to the public health in Lubbock County. §2.03 AREA OF JURISDICTION. (a) These Rules shall apply to all of the area of Lubbock County except for the areas regulated under an existing Rule and the areas within the boundaries of the incorporated cities and towns of Lubbock County. (b) These Rules shall also apply to those incorporated cities or towns that have executed cooperative agreements with Lubbock County for coverage under these Rules. §2.04 EFFECTIVE DATE. These Rules shall become effective upon their approval by the Texas Board of Health. §2.05 INCORPORATION BY REFERENCE. The Standards and all future amendments and revisions thereto are incorporated by reference and are thus made a part of these Rules. A copy of the current Standards is attached to these Rules as Appendix I. §2.06 CONSTRUCTION, PRECEDENCE, AND INTERPRETATION. (a) These Rules shall be construed liberally to accomplish their purpose. In construing the Standards, precatory words contained therein shall be deemed mandatory. (b) In the event of any conflict between these Rules and an order, resolution, or rule adopted by the Texas Department of Health, the order, resolution, or rule adopted by the Texas Department of Health shall take precedence. In the event of any conflict between these Rules and Standards, these Rules shall take precedence. (c) The designated representative shall, within the purpose of these Rules, resolve any question regarding any interpretation of these Rules or the Standards. §2.07 SEVERABILITY. If any provision of these Rules or the application thereof to any person or circumstances is held invalid, the validity of the remainder of these Rules and the application thereof to other persons and circumstances shall not be affected. CHAPTER 3 ADMINISTRATIVE PROVISIONS §3.01 EXCEPTION. (a) A person desiring an exception to any requirement of these Rules shall file a written request with the licensing authority stating: (1) The nature of the exception requested; (2) The reason that justifies the granting of the exception; and (3) Any information that the designated representative reasonably requests. (b) Within thirty (30) days after the receipt of said request, the designated representative shall review the request and reply to the applicant in writing either granting or denying the request. If the request is denied, the designated representative shall include the reasons for denial in the reply. §3.02 APPEAL. (a) Any person aggrieved by an action or decision of the designated representative made hereunder may, within thirty (30) days of the date of the document giving notice of the action or decision, or within thirty (30) days of the action, if no document is given, appeal to the Special Hearing Examiner appointed by the governing body. (b) The appeal shall be initiated by filing a written objection with the Special Hearing Examiner. The written objection shall state what the complainant believes the action or decision of the designated representative should have been and the reasons therefor. A copy of the document containing the notice of the complained of action or decision, or a written statement of the complained of action or decision, if no document was given, shall be attached to said written objection. (c) Upon receipt of said written objection and attachment, the Special Hearing Examiner shall set the same down for a hearing to be held within the next thirty (30) days and advise all parties of the date, time, and place of the hearing. (d) At hearings before the Special Hearing Examiner, all witnesses shall be sworn. The Special Hearing Examiner shall hear the testimony of the designated representative and any witnesses the designated representative may call. The Special Hearing Examiner shall hear the testimony of the complainant and any witnesses the complainant may call. The Special Hearing Examiner shall review all documents and exhibits submitted to him by the parties. The Special Hearing Examiner shall not be bound by formal rules of evidence and shall control the evidence, reserving to himself the power to exclude testimony or exhibits he does not consider relevant. (e) The Special Hearing Examiner shall maintain an accurate record of the evidence adduced at the hearing. (f) Within ten (10) days of the close of the hearing, the Special Hearing Examiner shall reduce to writing a report which shall consist of a finding of facts and his decision, and shall notify the designated representative and the complainant of the decision. The Special Hearing Examiner shall file the original of the report with the clerk of the governing body, shall keep one copy, shall send one copy to the complainant, and shall send one copy to the designated representative. (g) If the designated representative or the complainant is dissatisfied with the Special Hearing Examiner's decision, he may, within thirty (30) days from the date the Special Hearing Examiner file his report, file a written objection with the clerk of the governing body. When such an objection is filed, the clerk shall notify the presiding official who shall place the matter on the agenda of the governing body for review at its next meeting of Lubbock County Commissioners' Court that is at least ten (10) days after the date of the filing of the objection. The clerk of the governing body shall notify the designated representative and the complainant that the matter is on the agenda. (h) When the matter comes before the governing body, it shall review the matter, considering such information as is the Special Hearing Examiner's file and report along with such other evidence as deemed relevant and as may be offered by the designated representative or the complainant. The governing body shall either affirm, reverse, or modify the decision of the Special Hearing Examiner. (i) These provisions for appeal are not exclusive, but are cumulative of any other remedies at law or in equity. §3.03 NOTICE. Any pursuant to these Rules shall depositing the same in the U. addressed in accordance with applicant or complainant. notice required to be given be considered given by S. Mail, postage prepaid, and the information given by an §3.04 FEES. To defray the reasonable cost of administering these Rules, the designated representative shall require fees to be paid in accordance with the schedule established from time to time by the governing body. Such fees shall be paid with the filing of an application for a permit, license, or authorization; a written request for an inspection or exception; or an appeal. CHAPTER 4 DUTIES AND POWERS §4.01 DUTIES AND POWERS. The Public Health Administrator of the Lubbock City --County Health Department and his representatives are designated by the governing body to be the designated representatives for these Rules within its jurisdiction and thus have the duty and necessary powers to administer and enforce these Rules. The Public Health Administrator of the Lubbock City -County Health Department and his representatives, as the designated representatives shall have the following duties and necessary concomitant powers: (1) To enforce these Rules and to make appropriate recommendations to proper entity officials when instances of noncompliance with these Rules have been determined. (2) To make inspections of any existing on-site sewerage facilities, when requested or required, and all new on-site sewerage facilities. (3) To collect all fees set by the governing body as necessary to recover the reasonable costs incurred in meeting the requirements of these Rules. (4) To make semi-annual reports to the governing body on all actions, including legal actions, taken concerning these Rules. (5) To perform all other duties necessary to meet the requirements of these Rules. CHAPTER 5 LAWFUL DISCHARGES AND GENERAL REQUIREMENTS §5.01 LAWFUL DISCHARGES. After the effective date of these Rules, only the following types of sewage discharges shall be lawful: (1) Sewage discharged into an organized disposal system operating under a valid permit issued by the Texas Water Commission. (2) Sewage discharged into an on-site sewerage facility designed, installed, licensed, operated, and maintained in accordance with these Rules. (3) Sewage discharged into an existing on-site sewerage facility that is in use on the effective date of these Rules, that has not been substantially modified since the effective date of these Rules, and that is operated and maintained in such a manner as not to cause pollution, a threat to the public health, or nuisance conditions. §5.02 REQUIREMENTS. (a) No person, except the person owning or having the right of possession and use of the parcel of land upon which a proposed on-site sewerage facility is to be located, may apply for a facility permit or license. (b) The design, construction, and installation of any new on-site sewerage facility and the maintenance of any on --site sewerage facility shall, at a minimum, meet the requirements set forth in the Standards. (c) No person may cause, suffer, allow, or permit the construction or installation of, or a substantial modification to, an on-site sewerage facility unless a permit therefor has first been issued. (d) The construction, installation, or substantial modification of an on-site sewerage facility shall be made in accordance with the approved design and requirements of the permit issued therefor. (e) No component of an on-site sewerage facility shall be covered until an inspection by the designated representative has been made. Provided, however, absorption trenches or beds, or evapotranspiration beds may be partially backfilled, but all ends and other critical areas shall not be covered until the designated representative has determined, as evidenced by the issuance of a license, that the installation, construction, or substantial modification complies with these Rules, the Standards, or other special conditions specified in the permit. (f) No person may cause, suffer, allow, or permit the operation or use of a new on-site sewerage facility unless a license, or necessary license amendment therefor, has first been issued. (g) The construction or installation of an on --site sewage facility on a lot or tract that is smaller than the size required in the Standards shall not be allowed. However, on such smaller lots or tracts, recorded with a county in its official plat recorded prior to January 1, 1988, an on-site sewerage facility may be permitted to be constructed and licensed to operate if it meets the following criteria. It must be demonstrated by a thorough investigation of a Registered Professional Engineer or Registered Professional Sanitarian (either having demonstrated expertise in on-site sewerage system design) that an on-site sewerage facility on one of these lots can be operated without causing a threat or harm to an existing or proposed water su2ply system or to the public health, or creatine the threat of pollution or nuisance conditions. (h) The effluent from an on-site sewerage facility, whether using an aerobic or anaerobic treatment unit, must be discharged on site into a properly designed and constructed absorption or evapotranspiration unit and shall not be discharged to the ground surface or into or adjacent to any water in the State; except that in areas where soils are unsuitable for conventional on-site sewage disposal systems, effluent from National Sanitation Foundation, Standard 49, Class I aerobic systems or equal as approved and listed by the Texas Department of Health may be discharged to the ground surface by irrigation if the designated representative determines that the method will not create a nuisance and complies with the Texas Department of Health standards and policies. There shall be no off-site discharge of effluent. (i) Injection wells, pit privies, and cesspools used to dispose of sewage, and any system utilizing naturally or artificially produced holes, cavities, or drilled wells to ease the disposal of sewage are specifically prohibited from being installed and licensed. (j) No person may cause, suffer, allow, or permit the maintenance of an on-site sewerage facility in such a manner as to cause, or as may tend to cause, pollution, injury to public health, or nuisance conditions, CHAPTER 6 DEVELOPMENT OR ORGANIZED DISPOSAL SYSTEMS §6.01 CONNECTION TO ORGANIZED DISPOSAL SYSTEMS. In order to implement the stated policy of the legislature and the Texas Board of Health to encourage the development and use of organized disposal systems to serve the waste disposal needs of the citizens of the State and to prevent pollution, protect the public health, and maintain and enhance the duality of water in the State, the following requirements are made: (1) No person may cause or allow the installation of an on --site sewerage facility when any part of the facility is to be within 304 feet in horizontal distance (measured on the closest practicable access route) of an existing organized disposal system, unless one of the following requirements has been met: (a) The person has received a written denial of service from the owner or governing body of the organized disposal system; or (b) The person has received a written determination from the designated representative that it is not feasible for the person to connect to the organized disposal system. (2) Whenever an organized disposal system is developed within 300 feet in horizontal distance (measured on the closest practicable route) from any part of a private sewage facility, that facility shall be connected to the organized system unless one of the requirements set forth in Subsections (1)(a) or (1)(b) of this section has been met. CHAPTER 7 CONSTRUCTION AND OPERATION REQUIREMENTS §7.01 REQUIREMENTS FOR NEW ON-SITE SEWERAGE FACILITIES. (a) A Permit to Construct must be obtained from the designated representative prior to commencing the construction or installation of, or a substantial modification to, an on-site sewerage facility and will be issued upon a finding that construction can commence. (b) A License to Operate must be obtained from the designated representative prior to operating a new on-site sewerage facility and will be issued after satisfactory completion and approval of construction. §7.02 PERMIT TO CONSTRUCT. (a) To make an application for a Permit to Construct, the applicant shall submit to the designated representative the following: (1) A properly completed application form. (2) The required fee. (3) The results of the percolation tests performed by a registered professional engineer, registered professional sanitarian, or similarly qualified person approved by the designated representative. (4) A drawing or drawings reflecting that the proposed private sewage facility will comply with these Rules and demonstrating that the lot or tract is large enough for the on-site sewerage facility to be constructed thereon. (5) A statement or other evidence that demonstrates that the requirements set forth in §6.01 of these Rules have been met. (6) Any additional information that the designated representative may require. (b) The completed application and all additional information submitted shall not contain any false information or conceal any material facts and shall be sworn to and notarized.. /-- (c) Within thirty (30) days after a proper and complete application has been made, the designated representative shall make a finding on the issuance of a permit, based upon the information contained in the completed application and any other information available to the designated representative. (1) Upon a finding that construction can commence, a Permit to Construct shall be issued to the applicant. (2) Upon a finding that a Permit to Construct cannot be issued, the designated representative shall so notify the applicant in writing within ten (10) days of that finding and shall include the reasons for denying the issuance of a permit. (d) A permit shall expire one year from the date of issuance unless construction has commenced on the on-site sewerage facility for which the permit was issued. An expired permit may be reissued provided the conditions under which the permit was originally issued have not changed. A fee will be charged to defray the cost or reissuance. Then a permit has expired and the original conditions have changed, a new application must be submitted with a new application fee. §7.03 LICENSE TO OPERATE. (a) Each new on-site sewerage facility shall be inspected and approved by the designated representative prior to the final covering of the facility. (1) The applicant or installer shall notify the designated representative that an inspection is desired at least 5 working days prior to the need for inspection. (2) The applicant or installer shall provide whatever reasonable assistance the designated representative requests in or to make the inspection. (b) Within five (5) days after an inspection, the designated representative shall make a finding on the issuance of a license, based upon the information obtained from the inspection and other information available to the designated representative. (1) Upon a finding that the use of the new on-site sewerage facility will not cause pollution, injury to the public health, or nuisance conditions and is not in conflict with these Rules and upon payment of appropriate fees, a License to Operate the facility shall be issued to the applicant. (2) Upon a finding that a License to Operate cannot be issued, the designated representative shall so notify the applicant in writing within five (5) days of that finding and shall include the reasons for denying the issuance of a license. (c) Licenses to Operate issued under the authority of these Rules shall be for an indefinite period and shall be transferred to an on-site sewerage facility, the designated representative shall transfer the license to that new owner, provided the facility has not been substantially modified.. §7.04 EXISTING ON-SITE SEWERAGE FACILITIES. (a) Existing on-site sewerage facilities are not required to be licensed, provided the facility is not causing pollution, a threat to the public health, or nuisance conditions, or has not been substantially modified. (b) The designated representative shall require that the facility be licensed in accordance with §7.01 - §7.03 of these Rules as appropriate and shall undertake actions pursuant to Chapter 9 of these Rules. §7.05 SPECIAL REQUIREMENTS FOR INSTITUTIONS. A registered professional engineer, registered professional sanitarian, or similarly qualified person approved by the designated representative at its discretion, shall desivn all on-site sewerave facilities serving institutions. Said designs shall be made in accordance with these Rules, including the Standards. CHAPTER 8 SUBDIVISIONS §8.01 SUBDIVISION CONSTRUCTION AUTHORIZATION. Any person desiring to create a subdivision, including mobile home parks, that will utilize on-site sewerage facilities, in whole or in part, must obtain a Subdivision Construction Authorization from the designated representative prior to commencing or continuing construction in the subdivision. §8.02 APPLICATION. (a) An applicant for a Subdivision Construction Authorization shall submit an application to the designated representative*containing information that is adequate to establish: (1) That it is not feasible for the applicant to provide sewer service to the subdivision by means of an organized disposal system, and (2) That on-site sewerage facilities may be used in the specified subdivision without causing, or threatening to cause, individually or collectively, pollution, injury to the public health, or nuisance conditions. This information will include as a minimum: (a) A map locating the subdivision relative to on- and off site: (i) Surface water, (ii) Watersheds, (iii) Floodplains, (iv) Existing and proposed individual and public water supply wells, and (v) Existing and proposed organized disposal systems. (b) An accurate plat of the subdivision that details the size and intended use of each lot and that details roads and utility right-of-ways. This plat shall show all areas of the subdivision where the groundwater table is less than six (6) feet below the surface as the surface exists or as it will be afterradin and fillln that ma be re wired in the subdivision develo meat. (c) A list that specifies the type and maximum size (floorspace, bedrooms, seating, etc.) of the intended *The "designated representative" for Lubbock County is Lubbock City Health Department, located at 1902 Texas Avenue, telephone 767-2918 construction that will be allowed on each lot. Based on this list, the applicant shall provide further information to confirm that an on-site sewerage facility that meets all of the requirements of these Rules and the Standards can be constructed on each lot. This information shall include: (i) Preliminary locations and distances between sewage generating units, treatment units, disposal units, water wells, and lot boundaries. These distances shall be shown between these items on each lot and to any existing or proposed water supply wells on adjacent lots. Average daily wastewater volume to be generated by the specified maximum size construction. Capacity and/or size of the treatment (tank) and disposal (drainfield) units. The disposal area size shall be calculated assuming a specific type of drainfield (absorption trench or bed or evapotranspiration bed) and using adequately documented permeabilcy measurements taken at or in reasonable proximity to the drainfield locations. (d) At the discretion of the designated representative and in consideration of the size and density of the proposed subdivision and other conditions known to exist in the vicinity of the proposed subdivision, one or more geological cross-sections may be required from the applicant. These cross-sections shall illustrate the geologic formations that make up the subsurface below the subdivision down to the first aquifer that supplies, or may be used to supply, drinking water in the area. These cross-sections shall illustrate the primary dip §8.03 NOTICE. (a) Upon the approval of a Subdivision Construction Authorization, the authorization, the application therefore, and any other critical evaluation information shall be filed as a deed record for the subdivision lots. (b) Any person, or his agents and assignees, desiring to create a subdivision that All utilize on-site sewerage facilities, in whole or in part, and sell, lease, or rent the lots therein shall inform each prospective purchaser, lessee, or renter: (1) The subdivision is subject to all of the terms and conditions of these Rules, (2) That a Permit to Construct shall be required before an on-site sewerage facility can be constructed in the subdivision, (3) That a License to Operate shall be required for the operation of such an on-site sewerage facility, and (4) That an application for a Subdivision Construction Authorization has been made and whether or not it has been approved, includig any restrictions placed on any such approval. CRAPTER 9 ENFORCEMENT §9.01 INFORMAL (a) The designated representative may routinely inspect on-site sewerage facilities to assure continued compliance with these Rules. (b) The designated representative shall inspect any on-site sewerage facility that is reasonably believed to be causing pollution, a threat to the public health, or nuisance conditions, or to have been substantialy modified without complying with these Rules based on a creditable complaint or other information available to the designated representative and may inspect any new on --site sewerage facility should the conditions existing at the time of licensing be found to have changed. If uVon such inspection it is found that conditions is occurring, or an unpermitted substantial modification was performed, the designated representative shall so notify the owner of the on-site sewerage facility in writing and include what problems must be remedied in order to achieve compliance, and set a reasonable amount of time to achieve compliance. The on-site sewerage facility shall be reinspected at the expiration of the allotted time. ,1) If the facility is found to be compliant, a license therefore may be issued or the existing license may be modified. (2) If the facility is found to be noncompliant, appropriate enforcement shall be taken. §9.02 CRIMINAL PENALTIES (a) A person who violates any of these Rules, is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $10 nor more than $200. Each day that a violation occurs constitutes a separate offense. (b) Jurisdiction for prosecution of a suit under this section is in the justice of the peace courts. (c) Venue for prosecution of a suit under this section is in the justice of the peace precinct in which the violation is alleged to have occurred. §9.03 CIVIL (TEXAS WATER CODE, §26.124). (a) Whenever it appears that a violation or the threat of a violation of any of the terms and conditions of these Rules has occurred or is occurring, the licensing authority may have a suit instituted in a district court through its own attorney for injunctive relief or civil penalties or both against the person who committed, is committing, or is threatening to commit the violation. (b) Such suits may not be instituted by the designated representative unless the Commissioners' Court has adopted a resolution authorizing the institution of the suit. (c) In suits brought under this section, the Texas Department of Health is a necessary and indispensable party. SERVICE AGREEMENT SEWAGE FACILITIES INSPECTION SERVICES Sewage Facilities Inspections A. Personnel Services --100% of employees time for County inspections at $37,108 salary and benefit $ 37,108 B. Maintenance & Fuel --yearly fuel and maintenance for 1 employee vehicle $ 2,946 C. Capital Outlay/Depreciation--vehicle depreciation cost at 20% $ 1,927 D. Administrative Cost --Indirect Costs $ 7,459 Total Sewage Inspection $ 49,440 Sewage Contract for Three Years based on an annual 3% increase in expenses $ 152,814 Monthly Rate of Contract $ 4,245 Exhibit B